Noise complaints actionable only if exceeds standards by 10 dB(A); pre-existing CNG stations exempt from new siting criteria.

ORDER

1. Original Application 805/2022 was registered at the instance of S Gurdev Singh S/o S. Amar Singh under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) on his application dated 21.10.2022 wherein he complained that M/s Banur Service Station, a CNG filling station situated at Zirakpur, Rajpura National Highway has been installed adjoining/next to wall of building of Sant Baba Waryam Singh Ji Memorial Public School, Banur and Gurudwara Sahib, etc. The school is more than 20 years old imparting education up to class 12 and about 750 students are studying thereat. There is one old Gurdwara Sahib also, where a large number of devotees offer prayer in a regular manner. CNG pump/station runs 24 hours a day. Heavy machines like generator/compressor set have been installed therein which, while in operation, make huge noise pollution posing serious health hazards to students, staff and devotees. Applicant made various complaints and representations to different authorities but no action has been taken against owner of CNG station. Maximum permissible level of ambient noise in cities notified by Ministry of Environment and Forests vide Notification No.SO 123 dated 14.02.2000 i.e. Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as ‘Noise Regulation Rules, 2000’) is as under:-

Note

1. Day time shall mean from 6 AM to 10 PM.

2. Night time shall mean from 10 PM to 6 AM.

3. Silence Zone is defined as areas up to 100 meters around such premises as hospitals, educational institutes and courts.

4. Mixed categories of areas may be decalred as one of the four above mentioned categories by the competent authority.

2. Under the above rules, standard noise limit for silent zones such as hospitals, educational institutions and Courts during day time is 50 dB (A) and 40 dB (A) during night while noise created by machines used in CNG station is much more than prescribed limits. Applicant also filed a petition under Section 133, Criminal Secure Code, 1973 before Sub-Divisional Magistrate, Mohali for removal of CNG Gas Station and Compressor installed in the vicinity of school wherein Magistrate summoned owner of CNG station and called a report from Nayab Tehsildar and Punjab Pollution Control Board (hereinafter referred to as ‘PPCB) which submitted its report verifying high level of noise pollution caused by CNG station and results mentioned in the report are as under:-

3. After hearing parties, Sub Divisional Magistrate passed a conditional order dated 28.04.2022 directing CNG station to correct noise level within 30 days from issue of order and make arrangement as per rules to bring noise level down to prescribed limit so that no inconvenience is caused to applicant. The order further says that in case of violation, a definitive order will be passed. CNG pump station is also not located satisfying citing criteria in as much as it should be at a radial distance of 50 meters from school /hospitals.

4. Complaint was taken note of by Tribunal on 09.11.2022 and after being prima facie satisfied that a substantial question relating to environment has arisen out of the implementation of enactments specifi